Requires legislative approval of State Board of Education rules and regulations; repeals equity regulations.

A205

ASSEMBLY, No. 205

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblyman Scharfenberger

SYNOPSIS

���� Requires legislative approval of State Board of
Education rules and regulations; repeals equity regulations.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the rule-making authority of the State Board
of Education, amending N.J.S.18A:4-15, and supplementing chapter 36 of Title
18A of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� N.J.S.18A:4-15 is amended
to read as follows:

���� 18A:4-15.�
a.
� The
[
state board
]

State
Board of Education
shall make and enforce, and may alter and repeal, rules
or
regulations
for its own government and for implementing and carrying out
the school laws of this
[
state
under
]

State pursuant to
which it has jurisdiction.

����
b.��� (1)� Notwithstanding
the provisions of subsection a. of this section or the provisions of the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.) to the
contrary, actions taken by the State board pursuant to subsection a. of this
section on or after the effective date of P.L.��������� , c.��������
(C.�������������� ) (pending before the Legislature as this bill) shall require
the approval of the Legislature, including, but not be limited to:

����
(a)�� the adoption,
amendment, or repeal of any rule or regulation;

����
(b)�� the readoption of any
expiring rule or regulation;

����
(c)�� the proposed
readoption to any existing rule or regulation without changes;

����
(d) the proposed readoption
of any rule or regulation with technical changes; and

����
(e)�� the proposed
readoption of any expiring rule or regulation with substantive changes.�

����
As used in this paragraph:

����
"Substantive
changes" shall have the same meaning as defined in paragraph (2) of
subsection c. of section 10 of P.L.2001, c.5 (C.52:14B-5.1).

����
"Technical
changes" shall have the same meaning as defined in paragraph (1) of
subsection c. of section 10 of P.L.2001, c.5 (C.52:14B-5.1).

����
(2)�� The State board shall
submit the proposed rule or readoption to the Legislature, and the Legislature
shall adopt a concurrent resolution to approve or disapprove the rule or
readoption.� In the event that the Legislature adopts a concurrent resolution
to approve the proposed rule or readoption of an expiring rule, it shall be adopted
or readopted in accordance with the provisions of the �Administrative Procedure
Act,� P.L.1968, c.410 (C.52:14B-1 et seq.). �In the event that the Legislature
adopts a concurrent resolution to disapprove the proposed rule or readoption of
an expiring rule, it shall not be adopted or readopted.

����
c.���� The State board
shall include the concurrent resolution passed by the Legislature pursuant to
paragraph (2) of subsection b. of this section when filing a notice of proposal
or notice of adoption with the Office of Administrative Law.

(cf: N.J.S.18A:4-15)

���� 2.��� (New section)� The State
Board of Education rules and regulations promulgated in chapter 7 of Title 6A
of the New Jersey Administrative Code, titled �Managing for Equity in
Education,� are deemed to be null and void in their entirety, and shall be
given no force or effect following the effective date of P.L.� ��������,

c. ��������(C.��� ���������) (pending before the Legislature as this bill).�

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires legislative
approval for all rules and regulations promulgated by the State Board of
Education and repeals the entirety of the �Managing for Equity in Education�
regulations found within chapter 7 of Title 6A of the New Jersey Administrative
Code (N.J.A.C.6A:7).

���� Under the bill, the State
Board of Education is required to obtain legislative approval prior to adopting
any new rule; amending a rule, readopting an expiring rule; or readopting a
rule without changes, with technical changes, or with substantial changes.�
This legislative approval is to be in the form of the passage of a concurrent
resolution.� If the Legislature adopts a concurrent resolution to approve the
rule or readoption, the rule is required to be adopted in accordance with the �Administrative
Procedure Act.� If the Legislature adopts a concurrent resolution to disapprove
the rule or readoption, it cannot be adopted.

���� Additionally, the bill
provides that the State board is required to include the concurrent resolution
when filing for a notice of proposal or notice of adoption with the Office of
Administrative Law.

���� Finally, this bill repeals the
State board�s �Managing for Equity in Education� regulations recently adopted
and found within N.J.A.C.6A:7.